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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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I have a two year old son with my soon to be ex-husband. he

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I have a two year old son with my soon to be ex-husband. he has decided that he doesnt want to see our son. I dont want him coming in and out of his life. There are two arrests against him and he is currently on probation for assault and battery on me, and one complaint against him in child protective services. he also has two prior stays at mental institutions. I dont believe he is stable and it makes me scared to have him take my son everywhere, he has already agreed to no overnights for the next two years, is there anything more i can do as far as his interaction with him. there is a possibility he will move to another state and I do not want to send my son to spend summers with him  I am terrified that he would hurt him he is flaky unstable and his family is the same. What can I do legally. I have used an attorney who did my property settlement agreement but i feel like he is holding back. should i hire someone else?


AttyCBradford :

You should file for immediately temporary custody orders and then when the divorce is final request that those orders become permanent. Also if he really doesn't want anything to do with the child, you could move to terminate his parental rights to make sure that he cannot come back and forth in the minor child's life

AttyCBradford :

If I have answered all your questions then please press accept and provide positive feedback, so I receive credit for my work. If not and you have additional questions please ask, and I will respond promptly. Please note: this is a PAID ANSWERING service, once your question has been answered, press accept. This conversation does not constitute an attorney-client relationship and is offered for informational purposes only. Lastly, sometimes it may take a moment to respond as I work with several customers at a time. Thank you and best of luck.

Customer:

in the separation agreement i have sole custody. can i terminated any overnights period?

AttyCBradford :

If you have sole custody then yes you do not have to allow overnight visitation unless he was granted overnight visitations in the agreement

Customer:

he is not allowed overnights until he proves he is mentally and emotionally stable. is this something that i need to get CPS involved?

Customer:

and definitely not until he finishes probation

AttyCBradford :

it doesn't sound like it. I would avoid CPS unless you feel there is a danger to your child.

Customer:

ok thank you.

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